North Carolina Eminent Domain Blog

Eminent Domain in North Carolina

de Ondarza Simmons, PLLC represents private property owners in eminent domain (or “land condemnation”) in Raleigh and throughout North Carolina. We have noticed that since the Connecticut condemnation case of Kelo v. City of New London, eminent domain has become a very popular topic of discussion.  But in North Carolina, the law of eminent domain is different than in other states, and it can be complicated.

How does Eminent Domain work in North Carolina?

In eminent domain cases, the government or a utility company may be taking your land for a road or an electrical or natural gas line.  In these cases, the one taking the property (the “condemnor”) could be the government, like the NC DOT, a city, county or a school board. Or it could be a utility, like Progress Energy, Duke Power or PSNC.  Whoever it is, North Carolina has special laws and rules for eminent domain cases. So, for example, what constitutes “just compensation” depends on who is taking your land and a whole series of other questions. Similarly, North Carolina has special rules regarding what type of evidence is admissible in an eminent domain trial.

How we help our clients in eminent domain in NC

In addition to practicing eminent domain, Ms. de Ondarza Simmons is also an editor of the on line journal of North Carolina eminent domain law, called CarolinaCondemnationLaw.com. That journal takes a scholarly look at North Carolina condemnation law as it continues to develop.  As a companion to it and as a service to our existing and potential clients, de Ondarza Simmons, PLLC publishes our own North Carolina Eminent Domain Blog.  It covers the practical side of the law and looks at North Carolina condemnation statutes, cases, and rules that we find helpful and important in representing our clients in eminent domain in NC. One purpose of the North Carolina Eminent Domain Blog is to help show you what we actually do to successfully represent our eminent domain clients here in North Carolina.

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Lorrin Freeman Wake County Clerk of Court

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Laura Riddick Wake County Register of Deeds

This week, Wake County Clerk of Court Lorrin Freeman and Wake County Register of Deeds Laura Riddick both gave presentations at the same meeting of the Wake County Real Property Lawyers Association. They each gave a short talk about their respective offices and recent changes in North Carolina real estate law, complete with very helpful handouts.

Key Developments in North Carolina Real Estate Law

Laura Riddick and Lorrin Freeman pointed out several key developments that intersect with North Carolina real estate law and the offices of the Wake County Register of Deeds and the Wake County Clerk of Court.  Some of those developments include

  • E-recording of satisfaction of deeds of trust
  • Simplified searches of Wake County Register of Deeds for MERS (Mortgage Electronic Registration System)
  • Customer IT Hotline for Wake County Register of Deeds (919) 856-2626
  • Confusion about the application of new N.C. Gen. Stat. §161‑10(a)(1), assigning an extra $25 recording fee for certain documents that contain an “additional reference”
  • Real Estate Lawyers can now deposit escrow or stakeholder funds with the Clerk of Court
  • Preemptive filing of commercial liens with the Clerk of Court
  • A new list of Direct Telephone Numbers for the Wake County Clerk of Court

Wake County Real Property Lawyers Association

The Wake County Real Property Lawyers Association is a group of Wake County real estate lawyers, including many Raleigh real estate attorneys, who gather once a month for lunch and a short presentation. Presenters frequently discuss current real estate practices and changes to the North Carolina real estate law.  Most members practice in a particular area of real estate law, such as

  • real estate transactions (handling commercial or residential real estate deals);
  • land use (helping developers rezone or permit their projects); or
  • real estate litigators (handling trials of real estate disputes to Judges and Juries).

In addition, the Association also includes bankers and title insurance folks, who are kind enough to sponsor the association’s meetings.

Get Your Copy of the Handouts

If you are a North Carolina real estate trial lawyer, land use lawyer, or even a real estate closing attorney, but you missed this month’s Wake County Real Property Lawyer’s meeting, you can still get the handouts provided by Wake County Register of Deeds Laura Riddick and the Wake County Clerk of Court Lorrin Freeman.

If you would like a copy of these very helpful handouts, just send us an email and ask us for a copy. We will be happy to get it to you right away. As an extra bonus, if you like, we will also tell you about the special help available to folks dealing with the vagaries of when the extra $25 recording fee under N.C. Gen. Stat. §161‑10(a)(1) should be applied.

To send us an email and get your free copy of the handouts, you should click here.

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Ms. de Ondarza Simmons is a North Carolina real estate trial attorney. She helps people and businesses in Raleigh and throughout North Carolina with residential, agricultural, and commercial real estate disputes, including eminent domain (or land condemnation), adverse possession, judicial partitions / judicial sales, and boundary disputes.  Ms. de Ondarza Simmons is admitted to practice before all North Carolina State Courts as well as the United States District Courts for the Eastern and Middle Districts of North Carolina. You may have a North Carolina real estate dispute that you would like to discuss with a North Carolina Real Estate Trial Attorney. If so, you can call or send us an email to set up an initial consultation. To get started, you should click here.

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